Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

HHS.gov
  • About HHS
  • Programs & Services
  • Grants & Contracts
  • Laws & Regulations
  • HIPAA for Individuals
  • Filing a Complaint
  • HIPAA for Professionals
  • Newsroom

Breadcrumb

  1. HHS
  2. HIPAA Home
  3. For Professionals
  4. FAQ
  5. 293-Are communications to beneficiaries about government programs marketing under HIPAA
  • Authorizations (30)
  • Business Associates (41)
  • Compliance Dates (2)
  • Covered Entities (14)
  • Decedents (9)
  • Disclosures for Law Enforcement Purposes (5)
  • Disclosures for Rule Enforcement (1)
  • Disclosures in Emergency Situations (2)
  • Disclosures Required by Law (6)
  • Disclosures to Family and Friends (28)
  • Disposal of Protected Health Information (6)
  • Facility Directories (7)
  • Family Medical History Information (3)
  • FERPA and HIPAA (10)
  • Group Health Plans (3)
  • Health Information Technology (41)
  • Incidental Uses and Disclosures (10)
  • Judicial and Administrative Proceedings (8)
  • Limited Data Set (6)
  • Marketing (18)
  • Marketing - Refill Reminders (16)
  • Mental Health (35)
  • Minimum Necessary (14)
  • Notice of Privacy Practice (20)
  • Personal Representatives and Minors (12)
  • Preemption of State Law (10)
  • Privacy Rule: General Topics (12)
  • Protected Health Information (2)
  • Public Health Uses and Disclosures (13)
  • Research Uses and Disclosures (20)
  • Right to Access and Research (58)
  • Right to an Accounting of Disclosures (8)
  • Right to File a Complaint (1)
  • Right to Request a Restriction (3)
  • Safeguards (13)
  • Security Rule (24)
  • Smaller Providers and Businesses (145)
  • Student Immunizations (8)
  • Telehealth (11)
  • Transition Provisions (3)
  • Treatment, Payment, and Health Care Operations Disclosures (30)
  • Workers Compensation Disclosures (5)

Are communications concerning information to beneficiaries about government programs or government-sponsored programs "marketing" under the HIPAA Privacy Rule?

Answer:

No. Communications about government and government-sponsored programs do not fall within the definition of “marketing.” There is no commercial component to communications about benefits available through public programs. Therefore, a covered entity is permitted to use and disclose protected health information to communicate about eligibility for such programs as Medicare, Medicaid, or the State Children’s Health Insurance Program (SCHIP).

Date Created: 12/20/2002

Content created by Office for Civil Rights (OCR)
Content last reviewed February 8, 2023
Back to top
  • Contact HHS
  • Careers
  • HHS FAQs
  • Nondiscrimination Notice
  • HHS Archive
  • Accessibility
  • Privacy Policy
  • Viewers & Players
  • Budget/Performance
  • Inspector General
  • Web Site Disclaimers
  • EEO/No Fear Act
  • FOIA
  • The White House
  • USA.gov

Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases.

Sign Up
HHS Logo

HHS Headquarters

200 Independence Avenue, S.W.
Washington, D.C. 20201
Toll Free Call Center: 1-877-696-6775​